EPA v. Giant Resource Recovery, Sumter, Inc. and Nova Molecular Sumter, LLC

Case summary

SEPTEMBER 13, 2022 - CONSENT AGREEMENT On May 4 and 5, 2021 and June 24, 2021, inspectors with the EPA and with SCDHEC conducted a compliance evaluation inspection (CEI) at the Facility. The EPA?s findings of the CEI were documented in a Report mailed to Respondents, dated September 8, 2021. In a letter to SCDHEC dated August 6, 2021, Respondent GRR submitted documents that were requested during the CEI. On October 15, 2021, Respondents submitted a written response to the EPA?s Report. The inspectors observed the following containers of hazardous waste solids containing xylene and toluene in Respondent GRR?s SAAs: two 55-gallon drums, which were not marked with an indication of the hazards of their contents, and one 55-gallon drum, which was marked with a DOT Class 9 hazard placard, but not with an indication that the contents were flammable or toxic. The inspectors observed a container of hazardous waste solids containing xylene and toluene in Respondent Nova?s SAA: one 55-gallon drum, which was marked with a DOT Class 9 hazard placard, but not with an indication that the contents were flammable or toxic.The inspectors observed containers of hazardous waste in Respondent GRR?s permitted container storage areas: one 55-gallon drum, which was not marked with the generator information, the EPA hazardous waste number(s), or an accumulation start date; one supersack, which was not labeled with the words ?hazardous waste;? one overpack, which was not labeled with the words ?hazardous waste. The inspectors observed the following containers of hazardous waste in Respondent GRR?s permitted container storage areas: one tote, which had a large hole cut in the top; one 55-gallon drum, which was leaking; one 55-gallon drum, which had a small hole in the top; one 55-gallon drum, which was missing a small bung; and one tote, which was missing a cap. The inspectors observed that the secondary containment for Respondents? permitted tank storage area SA-2 had areas with cracks in the surface and areas with peeled and missing coating. The inspectors observed that the secondary containment for Respondents? permitted tank storage area SA-4 had areas with cracks in the coating.

Defendants (2)

• Nova Molecular Sumter, LLCNamed in complaintNamed in settlement
• Giant Resource Recovery, Sumter, Inc.Named in complaintNamed in settlement

Facilities (3)

• GIANT RESOURCE RECOVERY INC - SUMTER FACILITY

  755 INDUSTRIAL BLVD, SUMTER, SC, 29150-6705

  Registry ID: 110000618724

• GIANT RESOURCE RECOVERY INC - SUMTER FACILITY

  755 INDUSTRIAL BLVD, SUMTER, SC, 29150-6705

  Registry ID: 110000618724

• NOVA MOLECULAR SUMTER LLC

  749 INDUSTRIAL RD, SUMTER, SC, 29150

  Registry ID: 110062917303

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• Giant Resource Recovery, Sumter, Inc. and Nova Molecular Sumter, LLCentered 2022-09-13

  Primary law: RCRA

  Federal penalty: $91,000

Timeline (4 milestones)

• 2022-09-13Complaint Filed/Proposed Order
• 2022-09-13Final Order Issued
• 2022-09-19Enforcement Action Data Entered
• 2022-09-27Enforcement Action Closed